Read all about it here.

To download Professor Shapiro’s article, see here [PDF].

While Rabbi Stal was working on his various projects a friend introduced him to a recently discovered manuscript which was in the form of questions and answers. His interest raised, he immediately began working on editing it for print. Unfortunately, when he was close to finishing the sefer, another more complete manuscript was found forcing him to go through the whole volume again comparing, correcting, and adding the additions. (A third manuscript has been located, but he was not able to see it as it resides in a private collection). The result of all this labor is this beautiful sefer titled ספר קושיות.

The author of the קושיות is unknown, but based on various ways of identifications he seems to be from the time period of the תלמידים of the מהר”ם מרוטנברג thus dating the book to approximately the 14th century. The way this was deduced was by examining which works the author quotes. Not finding any quotes later than the רא”ש, it can be assumed that the author is from the same era. Along these lines, Rabbi Stal composed a list of all sources quoted by name thereby showing that the author had been heavily influenced by חסידי אשכנז, thus giving the reader yet another clue as to the identification of the author

The idea of the sefer, in short, is explanations of accepted halakhot and minhagim as well as various מדרשים ואגדות. These explanations are all posed in the form of questions and answers. Some of the answers are very simple; straightforward quotes from the Gemara; others are more interesting, questions that no one else discusses. The range of topics is amazing; there are 392 questions and answers some of the 392 topics include a few parts. The topics are about many areas such as תפילה, שבת יום טוב, קבורה, מילה and נישואין.

While some of the topics the author does not add much to what has already been said by earlier sources, many times he adds interesting points. There are also many things that Rabbi Stal could not find any similar sources to (I will give examples soon). All in all, this sefer is very interesting and easy to go through, many of the topics are things many people are curious about. The sefer comes included with an extensive index; with just a quick perusal one is appraised to the many interesting topic there are in the sefer.

I would like to give a partial list of some of the things found in this volume; just to give one a taste of this wonderful work.

First, in the area of מנהגים that we have other sources for include: wearing white on שבת (pg 24), covering the knife during ברכת המזון (pg 73), how many נרות one should light ליל שבת (pg 85), candles by the חתונה (pg 209), the order how one should cut his fingernails (pg 130) and burning the לולב with the חמץ (pg 168).

Second, topics that, as of now, this sefer is the only source for include: hitting the עדים during the קידושין (pg 8), putting ashes on ones head ערב תשעה באב (pg 136), signs how to tell if an animal is כשר (pg 190), that a חתן should not go to the בית הקברות during שנה ראשונה (pg 206) and if one is sitting in the bathroom and hears someone learning he has to cover his ears (pg 221).

In other areas there are many gems of great interest such as אברהם was מגייר הגר before marrying her (pg 270). Another point of interest is a discussion of the sources for the names of the months (pg 75-79). (I really would like to include much more but I want to save some of these gems for the reader to see himself.)

The footnotes are beautiful; Rabbi Stal attempts to reference almost everything relevant to the topic discussed in the body of the text. He provides the בעל הקושיות sources, and expounds on what the בעל הקושיות is trying to add. He includes all the cross-references in חז”ל through the help of the Bar Ilan Responsa program (which he uses expertly). He also cross-references all the ראשונים who deal with these topics; here we can see Rabbi Stal’s great knowledge and בקיאות in many ראשונים not searchable on any computer program to date. One can only find this by going through these seforim and indexing the מציאות as he finds them. He does the same with theפיוטים and נוסחות התפילה quoted by the author; all annotated against the best editions printed to date. Aside from this, Rabbi Stal has beautiful discussions on many topics, such as whether persons in גיהנם rest only on שבת or on Yom Tov as well, (pg 59), why the תפילה והוא רחום was written (pg 27-31) and why one should use הדסים for בשמים (pg 38).

Another point of interest worth mentioning are the many nice points provided from Prof. Simcha Emanuael, a recognized authority in the field of unknown manuscripts. Many of these points are from otherwise unknown sources in manuscripts.

It is often stated that it’s much easier to criticize someone else’s efforts rather than doing so oneself. Further, in this case critique was particularly difficult, as (Full Disclosure:) Rabbi Stal is also a good friend. Still, I would like to point out two issues with his work on this sefer.

A point I feel lacking is that while at times he does the reader the favor of referencing articles on the topics that the ספר קושיות discusses, many times, however, he failed to reference relevant articles. For example, when discussing the topic of fasting during אלול he quotes extensively from the classic article of Professor יעקב גרטנר (pg 49) but when talking about the מנהג of throwing wheat on theחתן (pg 174) he fails to mention the extensive article by ר’ בנימן המברגר in שרשי מנהג אשכנז (volume 3, pp. 392-429). There are two answers why Rabbi Stal did not quote this article. One, unfortunately when he works he does not have all his seforim in front of him. Two, had he quoted all of the interesting sources on each topic, this sefer would have been 1000 pages long, so he had to cut down the sources. This leads me to the next criticism; the length of the notes.

While talking with ר’ שמואל אשכנזי regarding this sefer he mentioned the following point. The footnotes although they are good and very interesting many times the same exact thing could have been written shorter. He said that we find this ability to write in an exact way was very hard even many ראשונים did not have this ability such as ר’ שמואל בן חפני גאון הר”י ברצלנוני and the אברבאנאל. The most famous person who excelled at writing very little and including everything in his words was רש”י. The main reason why Rabbi Stal did not do such is simple editing takes a lot of time (more time than writing lengthier) which he wants to use to put out more works. So in the end, the lengthy footnotes could have been better served by including more material but at the same time careful editing.

First, a brief history about prior attempts to decipher who is the real author of Mekore Minhagim is in order. As I noted in my original post, the first edition of the sefer to come out was published in Berlin in 1846 with the author listed as R. Avrohom Lewysohn (1805-1861). That edition contained 100 questions and explanation about various customs. Then, in 1851, R. Yosef Finkelstein published under the same title a work with the very same information, but that contained only 41 of the 100 questions and explanations from the work published in 1846. Almost immediately, it was claimed that Finkelstein had plagiarized his work from Lewysohn. And if one had to guess – absent any additional information –it would appear that this is the case simply because Lewysohn’s work came out first; that is, unless Lewysohn could have read Finkelstein’s mind, the latter must be the plagiarizer.

But, this is not a simple case. Instead, the appearance of the plagiarism claims in a German periodical did not settle the issue. Thus, R. Lewysohn’s brother, Yehudah Leib Lewysohn, a Rabbi in Stockholm, after seeing Finkelstein’s name mentioned in a different capacity in the journal ha-Maggid, again pointed out that Finkelstein had plagiarized Mekore Minhagim from Lewysohn. R. Y.L. Lewysohn gave a run down of the controversy and included the fact that, eventually, the dispute was taken to court, which ultimately concluded that Finkelstein had plagiarized from Lewysohn. But, it seems that Finkelstein had someone swear on his behalf that he was indeed the author.

After R. Y.L. Lewysohn published that account, including the court case coverage, Finkelstein himself answered the charge in a later issue of ha-Maggid. Finkelstein claimed that he was indeed the author and Lewysohn had stolen from him. But, how to account for the fact his sefer came out later? Finkelstein claimed that as he was traveling through Germany, he stayed with Lewysohn and eventually showed him his (Finkelstein’s) manuscript of Mekore Minhagim. Lewysohn was extremely taken by this book. According to Finkelstein, Lewysohn must have copied his version and published it before Finkelstein was able to.

R. Y.L. Lewysohn responded – with a point by point rebuttal – that Finkelstein’s account was all untrue and challenged Finkelstein to go in front of a court again – but this never happened.

That is more or less a summary of the written record with respect to the controversy. So it seems there remains the possibility that Lewysohn did copy Finkelstein’s manuscript when they met in Berlin. And, in fact, many have come to Finkelstein’s defense. For instance, R. Tzvi Efraim Babad in Der Yid has an article where he uses the ha-Maggid article to show that Finkelstein was indeed the author. In particular, it seems that R. Babad didn’t like Lewysohn, as he was a German Rabbi and university educated, while Finkelstein was from a distinguished rabbinic Hungarian family. There is also an article in the latest Or Yisrael about this incident of plagiarism.

I think, however, that I can prove who the real author is. I can do so by using Finkelstein’s own defense from ha-Maggid to demonstrate that he, in fact, is the plagiarizer. As is many times the case, he created the noose by which to hang himself.

Finkelstein, in his defense, states as follows:

When I was in Prague I wrote the work “Rivid ha-Zahav” which discusses the laws of ritual slaughter and checking for imperfection of the lungs. Many great Rabbis praised this work amongst them the famous Gaon R. [Shlomo] Yehuda Leib Rapoport and, because so many people liked it, the book sold out and I had to publish it again. After this I published another book “Tzafnas Panach” on blemishes in the lungs [of an animal].

He then continues and discusses the “Mekore Minhagim” and how Lewysohn got it:

When I traveled to Germany to sell my book I stayed with [R. Lewysohn] . . . when he saw my work the ‘Mekore Minhagim,’ which I wrote in 1839, he asked to look at it.

From there Finkelstein posits that Lewysohn eventually copied it and printed it as his own.

So, now, in order to see who is actually right, we need to see if R. Finkelstein’s story works. The way to do this is to check the books that Finkelstein actually was selling. First, it is important to know that Finkelstein published three books aside from Mekore Minhagim. As mentioned above, he wrote Rivid ha-Zahav and Tzofnas Panach. In addition he published a book his father- in–law, R. Meir Avraham Csaba, wrote – Pri Tzadik. Pri Tzadik was published in 1839, Finkelstein’s first published work. Now, according to Finkelstein, in his response in ha-Maggid, he published Tzofnas Panach after he published Rivid ha-Zahav for the second time. So, that would make Tzofnas Panach the last book published. Also, according to Finkelstein there were two editions of Rivid ha-Zahav (these are the only editions of Rivid ha-Zahav) but when was Rivid ha-Zahav published? According to the title pages, one was published in Prague (1846) and the other in Ofen (1845). But, according to Finkelstein’s own testimony, these dates must be wrong — or at least one. The reason being, if you recall, is that Finkelstein said Rivid ha-Zahav was written in Prague and was praised by R. Rapoport -which you can see as there is an approbation from R. Rapoport. In particular, the first edition of Rivid ha-Zahav has this approbation according to Finkelstein’s own words. But, the only edition which has this approbation is the one with 1846 on the title page and the approbation itself is even dated the 6th of Av 5606 (1846). That means that, although the other edition of Rivid ha-Zahav states was published in 1845, in fact, it was published after the 6th of Av 5606. Which also means that Tzofnas Panach was also published sometime after the second edition of Rivid ha-Zahav was published.[1]

Now, for Finkelstein’s story to be true, he states that he was selling “his books” -“ספרי” that means his personal books. That means we can rule out Pri Tzadik as that was his father-in-law’s book and Finkelstein wouldn’t have called it “his.” So when did he travel to Germany to sell his books and to which books did he refer? Well, let’s take the earliest of his books – which according to what we have figured out – is the first edition of his Rivid ha-Zahav. That edition of the Rivid ha-Zahav had to have been published sometime after the 6th of Av, the time of the approbation. That doesn’t leave that much time in the year 5606, being that Av is the second to last month in the Jewish calendar. But, let’s say he had Rivid ha-Zahav published really fast and during the month of Av he was able to publish it and was already in Germany meeting up with Lewysohn. Well, and here comes the funny part, Lewysohn’s introduction to Mekore Minhagim (which is copied in Finkelstein’s as well) is dated 16th of Kislev 5606, which would be around December 1845. This, of course, means that if our calculations are correct and we take all of Finkelstein’s story as true, Lewysohn wrote the introduction at least ten months before Finkelstein ever came to town to sell his then, unpublished, Rivid ha-Zahav. Which means Finkelstein is a liar.

Thus, it would appear that we can now conclude who is the plagiarizer – Finkelstein. And, the fact is that Lewysohn is the real author of Mekore Minhagim.

Sources: ha-Maggid No. 24 June 17, 1863 p. 192; No. 27, July 8, 1863, pp. 211-12; No. 36, September 9, 1863 pp. 283-84; No. 40, October 14, 1863, p. 316 (which are all available online here); R. Tzvi Ephraim Babad, “Printers, Copiers, Shasin, and Censor,” Der Yid 25 (Friday, September 22, 2000), section 2.